Court : Delhi
Decided on : Mar-19-2018
..... ?. arb. p. 599/2017 page 9 11. the supreme court noted section 40 of the arbitration act, 1999 and sections 46, 47 and 48 of the indian partnership act. section 40(1) of the arbitration act, 1999 sets out that an arbitration agreement shall not be discharged by the death of any party thereto either as respects the ..... event be enforceable by or against the legal representative of the deceased. after considering the provisions of the indian partnership act and section 40 of the arbitration act, 1999 and also noticing the definition of legal representative in section 2(1)(g) of the arbitration act, the court held as under: 21. the definition of legal representative became necessary because such representatives are ..... act, 1999, the petitioner is entitled to claim appointment of arbitrator under the arbitration clause of the partnership deed and the hon'ble chief justice of the allahabad high court has erred in overlooking these provisions ..... entitled to invoke arbitration clause contained in the partnership deed?. (b) whether the arbitration can be commenced by the heirs after the death of partner especially where the dispute had arisen already during the lifetime of the partner?. (c) whether in view of section 46 read with section 48 of the indian partnership act as well as section 40 of the arbitration .....Tag this Judgment!
Court : Delhi
Decided on : Mar-12-2018
..... the course of arguments. the suit for damages is instituted by the plaintiff partnership firm through its partner. issue no.4 is, therefore, decided in favour of the plaintiff and against the defendants." 13. section 41 of the indian contract act,1872 provides that if a person who is entitled to a particular amount ..... 14 appellant/plaintiff has been compensated for his loss by receiving the amount under the insurance policy, the principle contained in section 41 of the indian contract act if not the section itself, will come into play and therefore the trial court has committed no illegality in observing in para 10 of the ..... person when this amount is received from a third person, then the liability of the promisor under the contract stands discharged. section 41 of the indian contract act has also been relied upon by the supreme court in the judgment in the case of lala kapur chand godha and others vs. mir nawab ..... have been liable to compensate the plaintiff for the loss and injury occasioned due to negligence of the defendant no.1. a tort consists of some act done by a person which causes injury to another towards compensation of which damages may be claimed against the tortfeaser. tortuous liability arises from breach ..... rfa no.244/2018 page 10 of 14 no:1. the plaintiff has failed to prove that it is defendant no.1 who is responsible by its acts and omissions for fire breaking out in the suit premises situated at 60-a, central market, lajpat nagar, new delhi. issue no.1 is, therefore .....Tag this Judgment!
Court : Delhi
Decided on : Mar-08-2018
..... favour of sushant adlakha. thereafter plaintiff s evidence was closed.8. defendant also examined 9 witnesses in its support. dw1 ashok kumar proved the registration of the partnership firm m/s. ram kishan band. the certified copy of form a & b are ex.dw1/a and dw1/b. dw2 sanjay kumar was summoned for ..... challenge to the survey report moreover the said document is a document which is 30 year old document and as per upheld section 90 of the indian evidence act there is a presumption in favour of such documents. the said document clearly shows that m/s. ram kishan band and tilak raj are the ..... village titar pur and which document was over 30 years old and thus presumption had to be validly drawn in terms of section 90 of the indian evidence act, 1872. trial court has rfa no.221/2018 page 6 of 12 also referred to the fact that in the eviction petition filed by the respondent ..... .1/plaintiff. accordingly argument of the appellants/defendants to claim ownership of the suit property on the basis of section 8 of the delhi land reforms act is rejected.12. no other argument or issues were urged on behalf of the appellants/defendants before this court. this is noted inasmuch as the trial ..... tenants in wz-5. defendants also admits that ram kishan band was working from the said property as they have examined dw1 to prove the registered certificate of the partnership .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-23-2018
..... termed as investment even though the remittances are claimed to be interest free loans to partners. the amount could also be for taking over an indian chartered accountancy firm. relationship of partnership firms, though having indian partners, operating under a common brand name from same infrastructure, with foreign entity is not ruled out. it is not possible to rule out ..... there is a compliance by mafs only in form and not in substance, by having got registered partnership firms with the indian partners, the real beneficiaries of transacting the business of chartered accountancy remain the companies of the foreign entities. the partnership firms are merely a face to defy the law. the principle of lifting the corporate veil has to ..... violation of fdi policies, fema regulations and the ca act. thus, appropriate action may have to be taken in pending proceedings or initiated at appropriate forum.46. ..... firms & indian cas internationality; perspective of the government, corporate world and regulatory bodies and role of icai in shaping the view; introduction of joint audit system; recognition of qualifications under clause (4) of part i of the first schedule to the chartered accountants act, 1949 for the purpose of promoting partnership with any persons other than the ca in .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2018
..... gupta, naresh kumar bansal, pawan kumar gupta and manoj gupta. therefore, it cannot be said that the suit is defective for non-compliance of section 69 of indian partnership act, 1932. ex.pwis authority letter dated 25.05.2012 by which other three partners namely pawan kumar gupta, naresh gupta and manoj gupta have authorized mr. naresh ..... in its present form and is liable to be rejected?. opd.5. whether the suit of the plaintiff is defective as per provisions of sec. 69 of indian partnership act, 1932 and is liable to be dismissed?. opd.6. whether the suit of the plaintiff is not maintainable as no cause of action has arisen for filing ..... of firm m/s enpeecon.14. here it would be profitable to refer to sub sections (1) & (2) of section 69 of the indian partnership act, 1932 which read as under:-" section 69 effect of non-registration.- (1) no suit to enforce a right arising from a contract or conferred by this ..... institution of the suit and the registration certificate of r.f.a. 386/2017 page 6 of 16 the partnership firm has not been filed and therefore, the suit is barred under section 69 of the indian partnership act, 1932. it is also pleaded that the appellant/plaintiff being a partner of the firm has no locus ..... they have made the payment of the material supplied to them.20. in this regard, it would be relevant to refer to section 102 of the indian evidence act, 1872 which reads as under:-"r.f.a. 386/2017 page 10 of 16 section 102 on whom burden of proof lies.- the burden of proof .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2018
..... to the suit. section 30 of the indian partnership act provides that a minor is not personally liable for any acts of the partners or of the partnership for his share in the firm.132. similarly, under the hindu minority and guardianship act a natural guardian can do such acts which are necessary and reasonable and appropriate ..... of actual damages must be proved by bringing on record books of account and other relevant documents.109. sections 55 and 73 of the indian contract act do not lay down the mode and manner as to how and in what manner the computation of damages or compensation has to be made ..... is, however, unnecessary for us to go into authorities on english law for it all comes back to this that under section 19 of the indian contract act the plaintiffs at most can only be entitled to be put in the same position as if the representation that was made had been true, ..... of both the parties is that damages, if fraud was proved, had to be quantified as provided under section 19 of the indian contract act, 1872.36. section 19 of the contract act reads as follows:-""19. voidability of agreements without free consent. when consent to an agreement is caused by coercion, 1[***]. ..... ranbaxy. it is further pleaded that elements of active concealment are not made out in terms of section 17 of the indian contract act, 1872 (hereinafter referred to as the contract act). further, the respondent has suffered no loss direct or indirect as a result of the alleged active concealment and wrong doing .....Tag this Judgment!
Court : Jharkhand
Decided on : Jan-10-2018
..... complainant and his wife in absence of any document /written evidence in terms of section 91 of the evidence act as the complainant had failed to produce proof of any of the partnership deed though as per his own admission, all the original partners were alive and available. the element of ..... learned trial court proceeded to analyze the material evidence on record in order to come to a finding, whether the ingredients of the section 420 of the indian penal code are made out beyond the shadow of the reasonable doubts. the ingredients of section 420 requires: (i) dishonest deception by the accused. ..... in furtherance of their common intention cheated the complainant by forging documents. the learned trial court proceeded to frame the charges u/s 420 of the indian penal code on 02.04.2009 against the sole accused, who pleaded not guilty on being explained. after closure of the prosecution evidence, the statement ..... filed by the petitioner/complainant after holding inquiry under section 202 of the criminal procedure code in terms of section 420/409/467/468/471 of the indian penal code against the accused. the complainant alleged that he along with accused and others were partner of m/s jhanda singh and company ..... in complaint case no. 96/2007 whereunder the sole accused/opposite party no. 2 has been acquitted of the charges under section 420 of the indian penal code is suffering from a delay of 69 days. however, we have heard learned counsel for the petitioner at length on the grounds of .....Tag this Judgment!
Court : Delhi
Decided on : Jan-04-2018
..... . that the asset is owned by the concerned individual or entity is retained (as in the case of proprietorship firm by the proprietor or partnership/mse registered partnership i.e. in the name of the partner) and is extended. in the case of proprietorship firms or individuals, the tt can be ..... submitted by : (i) proprietorship firms / individuals who are indian citizens, who have attained the age of majority; or (ii) partnership firm consisting of indian citizens; or (iii) co-operative society of which all the members are indian citizens; or (iv) company duly registered under the companies act, 1956 provided they comply with the conditions contained hereinafter. ..... spouse or parents, an affidavit as per format for attached truck for the use of tank truck by the firm should be furnished (b) partnership/mse registered firms, in the name of the firm or in the name of any of the partners/directors. in the event the tank truck ..... owned by the spouse or parents. similarly, in the case of the concern i.e. a registered concern like the partnership, the tt has to be in the name of the partnership firm or in the name of any of the partners or directors. in the case of the company, however, clause ..... into contract with third parties.2. the facts of the case are that bpcl and the other oil companies, namely, hindustan petroleum company and indian oil company invited region and zone-wise bids from eligible owners offering to contract out lpg tank trucks (tts) for transporting bulk lpg. the bidders .....Tag this Judgment!
Court : Delhi
Decided on : May-03-2018
..... up either immediately compulsorily his interest or enter into any agreement or composition with his for suspended payment, or if the firm be dissolved under the partnership act or, in the event of licensee being a company, if the company shall pass any resolution to be wound or voluntarily (c) repudiation of agreement ..... arbitral tribunal by reassessing or re- appreciating the evidence. an award can be challenged only under the grounds mentioned in section 34(2) of the act. the arbitral tribunal has examined the facts and held that both the second respondent and the appellant are liable. the case as put forward by the ..... perverse and those which are not. if a decision is arrived at on no evidence or evidence which is thoroughly unreliable and no reasonable person would act upon it, the order would be perverse. but if there is some evidence on record which is acceptable and which could be relied upon, howsoever ..... is specifically provided for by these or the the same will be special conditions) resolved by arbitration, as per the provisions of the arbitration and conciliation act, 1996. the venue of the omp (comm.) 32/2017 page 8 of 16 arbitration shall be delhi. all questions, disputes and or differences arising under ..... j-1 * in the high court of delhi at new delhi % pronounced on:03. 05.2018 + o.m.p. (comm) 32/2017 indian railway catering and tourism corporation ltd(irctc) through mr.nikhil majithia, adv. ........ petitioner versus m/s srinathji caterers through mr.manish k.bishnoi, adv .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-02-2018
..... view that the relevant clause indicated agreement between the parties to refer the disputes to arbitration as per provisions of the indian arbitration act, 1940, (1940 act, for short) although the partnership agreement was entered into much after the enactment of 1996 act. relying on portion of para 35 of the decision of this court in thyssen stahlunion gmbh v. steel authority of ..... that in case of any dispute between the partners as regards interpretation of this deed or any other matter connected with the partnership business, the same shall be referred to for arbitration in accordance with the provisions of indian arbitration act, 1940, and the decision of the arbitrator shall be final and binding on all the partners. 4. the appellant had also ..... below were justified in rejecting the submissions advanced by the appellant.8. in the present case though the partnership agreement was entered into after 1996 act had come into force, the relevant clause made reference to arbitration in accordance with the provisions of indian arbitration act, 1940 . it is not the case of the respondent that the agreement between the parties suffered from ..... and dismissed said civil revision by its judgment under appeal.6. in support of this appeal, mr. chirag m. shroff, learned advocate submitted :- (a) the reference to the 1940 act in the partnership deed dated 09.11.2005 has to be necessarily referred to arbitration process, as prevalent on the date of signing of the agreement. (b) the mention of 1940 .....Tag this Judgment!